Right Against Self-Incrimination
Scope and Coverage
G.R. No. L-69401 June 23, 1987
FACTS:
On November 25, 1984, a contingent of more than two hundred soldier
implemented a “zona” and raided the compound occupied Rizal Alih and the other
petitioners at Gov. Alvarez street, Zamboanga City, in search of loose
firearms, ammunition and other explosives.
The people inside the compound resisted the invasion which resulted to a
shoot-out resulting to a number of casualties. The besieged compound
surrendered the following morning, and sixteen male occupants were arrested,
later to be finger-printed, paraffin-tested and photographed over their
objection. The military also inventoried and confiscated nine M16 rifles, one
M14 rifle, nine rifle grenades, and several rounds of ammunition found in the
premises.
On December 21, 1984, the petitioners came to this Court in a petition
for prohibition and mandamus with preliminary injunction and
restraining order. Their purpose was to recover the articles seized from them,
to prevent these from being used as evidence against them, and to challenge
their finger-printing, photographing and paraffin-testing as violative of their
right against self-incrimination.
ISSUE:
Whether or not the finger-printing, paraffin-testing and taking of
photographs of the seized occupants are violations of the constitutional
guarantee against the self-incrimination.
RULING:
No. The photographing, fingerprinting and paraffin-testing of the
petitioners are not violations against the right against self-incrimination. The prohibition against self-incrimination
applies to testimonial compulsion only. The prohibition of compelling a man
in a criminal court to be a witness against himself is a prohibition of the use
of physical or moral compulsion to extort communications from him, not an
exclusion of his body as evidence when it may be material.
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